[108th Congress Public Law 85]
[From the U.S. Government Printing Office]
[DOCID: f:publ085.108]
[[Page 117 STAT. 1049]]
Public Law 108-85
108th Congress
An Act
To authorize the Secretary of the Interior to convey certain facilities
to the Fremont-Madison Irrigation District in the State of
Idaho. <<NOTE: Sept. 30, 2003 - [S. 520]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Fremont-Madison Conveyance
Act.>> assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fremont-Madison Conveyance Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) District.--The term ``District'' means the Fremont-
Madison Irrigation District, an irrigation district organized
under the law of the State of Idaho.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 3. CONVEYANCE OF FACILITIES.
(a) Conveyance Requirement.--The Secretary of the Interior shall
convey to the Fremont-Madison Irrigation District, Idaho, pursuant to
the terms of the Memorandum of Agreement (MOA) between the District and
the Secretary (Contract No. 1425-01-MA-10-3310), all right, title, and
interest of the United States in and to the canals, laterals, drains,
and other components of the water distribution and drainage system that
is operated or maintained by the District for delivery of water to and
drainage of water from lands within the boundaries of the District as
they exist upon the date of enactment of this Act, consistent with
section 8.
(b) Report.--If <<NOTE: Deadline.>> the Secretary has not completed
any conveyance required under this Act by September 13, 2004, the
Secretary shall, by no later than that date, submit a report to the
Congress explaining the reasons that conveyance has not been completed
and stating the date by which the conveyance will be completed.
SEC. 4. COSTS.
(a) In General.--The Secretary shall require, as a condition of the
conveyance under section 3, that the District pay the administrative
costs of the conveyance and related activities, including the costs of
any review required under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as described in Contract No. 1425-01-MA-10-
3310.
(b) Value of Facilities To Be Transferred.--In addition to
subsection (a) the Secretary shall also require, as a condition of the
conveyance under section 3, that the District pay to the
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United States the lesser of the net present value of the remaining
obligations owed by the District to the United States with respect to
the facilities conveyed, or $280,000. Amounts received by the United
States under this subsection shall be deposited into the Reclamation
Fund.
SEC. 5. TETON EXCHANGE WELLS.
(a) Contracts and Permit.--In conveying the Teton Exchange Wells
pursuant to section 3, the Secretary shall also convey to the District--
(1) Idaho Department of Water Resources permit number 22-
7022, including drilled wells under the permit, as described in
Contract No. 1425-01-MA-10-3310; and
(2) all equipment appurtenant to such wells.
(b) Extension of Water Service Contract.--The water service contract
between the Secretary and the District (Contract No. 7-07-10-W0179,
dated September 16, 1977) is hereby extended and shall continue in full
force and effect until all conditions described in this Act are
fulfilled.
SEC. 6. ENVIRONMENTAL REVIEW.
Prior to conveyance the Secretary shall complete all environmental
reviews and analyses as set forth in the Memorandum of Agreement
referenced in section 3(a).
SEC. 7. <<NOTE: Effective date.>> LIABILITY.
Effective on the date of the conveyance the United States shall not
be liable for damages of any kind arising out of any act, omission, or
occurrence relating to the conveyed facilities, except for damages
caused by acts of negligence committed by the United States or by its
employees, agents, or contractors prior to the date of conveyance.
Nothing in this section may increase the liability of the United States
beyond that currently provided in chapter 171 of title 28, United States
Code.
SEC. 8. WATER SUPPLY TO DISTRICT LANDS.
The acreage within the District eligible to receive water from the
Minidoka Project and the Teton Basin Projects is increased to reflect
the number of acres within the District as of the date of enactment of
this Act, including lands annexed into the District prior to enactment
of this Act as contemplated by the Teton Basin Project. The increase in
acreage does not alter deliveries authorized under the District's
existing water storage contracts and as allowed by State water law.
SEC. 9. <<NOTE: Deadline.>> DROUGHT MANAGEMENT PLANNING.
Within 60 days of enactment of this Act, in collaboration with
stakeholders in the Henry's Fork watershed, the Secretary shall initiate
a drought management planning process to address all water uses,
including irrigation and the wild trout fishery, in the Henry's Fork
watershed. <<NOTE: Reports.>> Within 18 months of enactment of this Act,
the Secretary shall submit a report to Congress, which shall include a
final drought management plan.
SEC. 10. EFFECT.
(a) In General.--Except as provided in this Act, nothing in this Act
affects--
(1) the rights of any person; or
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(2) any right in existence on the date of enactment of this
Act of the Shoshone-Bannock Tribes of the Fort Hall Reservation
to water based on a treaty, compact, executive order, agreement,
the decision in Winters v. United States, 207 U.S. 564 (1908)
(commonly known as the ``Winters Doctrine''), or law.
(b) Conveyances.--Any conveyance under this Act shall not affect or
abrogate any provision of any contract executed by the United States or
State law regarding any irrigation district's right to use water
developed in the facilities conveyed.
Approved September 30, 2003.
LEGISLATIVE HISTORY--S. 520:
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SENATE REPORTS: No. 108-62 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 149 (2003):
June 16, considered and passed Senate.
Sept. 16, considered and passed House.
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